Bombs Bursting in Air: Environmental Regulation of Fireworks

Is your local fireworks display environmentally friendly?

It seems only fitting as we approach the Fourth of July holiday to turn our attention to the environmental impacts and regulation of fireworks. As it turns out, our age-old patriotic tradition of exploding packages of toxic chemicals in the air is not without its environmental drawbacks. Although much is still unknown about the environmental consequences of fireworks displays, it is clear that fireworks can adversely impact water quality, air quality, biological resources, and possibly even human health through debris, noise, and toxic contaminant pollution. Fortunately, there are many ways regulators and citizens can mitigate the adverse impacts of fireworks.

The pellets are packed in a paper or plastic casing, and stuffed inside the shell along with a “burst charge,” usually made of black powder. The shell is then packed in a metal or plastic tube called a “mortar.” Upon lighting the black powder charge, the shell is launched from the mortar up to 200-1000 feet in the air, where it explodes. In addition to color shells, a fireworks display may include “salute shells,” which produce the loud percussive noise we associate with fireworks shows. Salute shells are packed and launched similarly to color shells, and also explode at high altitude.

The short-term environmental impacts of fireworks include debris, smoke, noise, and light. Most of the components of a firework device will burn up in the atmosphere, but some portions of the casing and residue typically are carried by the winds and fall back to earth. Debris also can result from duds or misfires. Debris from fireworks launched off an ocean, river, or lake coast can impact water quality or litter sensitive habitat areas if not properly cleaned up following the show.

The noise and light pollution accompanying fireworks shows can negatively impact wildlife, as illustrated by the 2006-2010 controversy over the fireworks display in the Town of Gualala in Mendocino County, CA. On Independence Day weekend 2006, following a fifteen-minute fireworks display near the Gualala River estuary and Gualala Point Island, which is part of the California Coastal National Monument, the CA Coastal Commission received complaints that the explosions had disturbed nesting shorebirds and harbor seal haul-out sites. This prompted the U.S. Bureau of Land Management and Fish & Wildlife Service to study the 2007 Gualala fireworks. The federal agencies published a report documenting a high rate of Cormorant nest abandonments during the period surrounding the display, citing that the abandonments “likely resulted from fireworks disturbance.” Any eggs or juvenile chicks left in the abandoned nests were consumed or killed by predators. In addition, the CA Department of Fish and Game noted that

Brown Pelicans, an endangered species, use [Gualala Point Island] as a roost at night. Marbled Murrelets, another endangered species, are also observed in the ocean near Gualala at dawn and dusk every year at this time. Both of these endangered species, and the nesting birds, could potentially be impacted by the fireworks display. . . .

(Ultimately, upon learning that Gualala was planning a 2008 fireworks display without seeking a permit, the Commission proposed a cease-and-desist order. Gualala sued to prohibit the Commission from issuing the order. The trial court ruled for the Commission, finding that fireworks constitute “development” subject to the permitting requirements of the CA Coastal Act. The Court of Appeal affirmed in Gualala Festivals Comm. v. Cal. Coastal Comm’n, 183 Cal. App. 4th 60 (2010), and the CA Supreme Court subsequently declined review.)

Additionally, there may be long-term water quality and human health impacts associated with the toxic components like lead, barium, ammonium perchlorate, and sulfur dioxide in the firework shell, although the long-term effects of these chemicals is not well understood. Fireworks are often launched near waterbodies like lakes or along ocean coasts, allowing combustion residue to fall into surface waters. Chemical pollutants in the residue can adversely impact water and sediment quality. Water quality monitoring reports following fireworks displays have documented elevated levels of water pollutants such as arsenic, copper, and phosphorous. Consequently, in 2007, a California Regional Water Quality Control Board issued San Diego’s Sea World the nation’s first National Pollution Discharge Elimination System (NPDES) permit regulating the discharge of fireworks under the Clean Water Act. SeaWorld launches fireworks every night during the summer months. The NPDES permit limits Sea World to a maximum of 150 fireworks shows per year, and specifies mitigation and monitoring requirements to deal with dangerous chemical residue that may fall into Mission Bay. Specifically, permit mandates three monitoring periods per year during Sea World’s largest displays, at which time Sea World must monitor water quality, sediment quality, and bottom-dwelling organisms for 41 pollutants.

There are many ways regulators can mitigate the adverse impacts of fireworks. The first, most important step is to require permits or registration of all public and private firework displays so that environmental regulators can keep track of the number of shows, where they occur, and what types of fireworks are used.

Where firework permits are required, regulators can use permit conditions to mitigate potential adverse impacts to the environment and human health. Regulators should require that displays be located away from environmentally sensitive areas like marine sanctuaries, habitats for endangered species, migratory bird pathways, and nesting areas. Similarly, localities or entities sponsoring large public displays should be required to implement measures to ensure public viewers keep away from environmentally sensitive areas. Fireworks also should be timed to avoid common spawning, nesting, and roosting seasons.

Proper monitoring procedures before and after the display are key to alerting officials of any environmental threats. Permits can provide for third-party monitoring (e.g., by the Audubon Society or state agency officials). The monitoring report should identify a baseline for wildlife abundance and behavior in the event vicinity several hours prior to the fireworks display and identify any adverse impacts to wildlife during and for several hours after the display. Follow-up monitoring should occur at regular intervals for several weeks following the event. Based on the monitoring, officials can recommend modifications to the event for future years to mitigate any negative impacts to wildlife.

A fireworks permit also should require clean-up and restoration following the display to remove any fallen debris. Debris can be further controlled by subjecting fireworks displays to limitations on the total number of aerial shells detonated, requirements that all plastic labels and wrappings be removed from devices prior to launch, and prohibitions on devices that include more than a specified percentage of non-biodegradable components.

To better protect water quality, regulators should prohibit private firework explosions on sidewalks or roadways, where contaminants and debris can end up in storm drains. In addition, for large fireworks displays, regulators should require sponsors to contain runoff in cases where water is used to control misfires or duds.

To address the air quality impacts of fireworks, officials can monitor air pollutant concentrations before and after fireworks displays and warn the public of any dangerous conditions. To reduce smoke and perchlorate pollution, regulators can require that all fireworks beperchlorate-free. For instance, in 2004, Disney Corporation began using compressed air to launch all fireworks at Disneyland, resulting in a reduction in particulate air pollution and perchlorate water concentrations. Researchers also have working to develop alternative propellants that use nitrogen-based materials instead of perchlorates.

And of course, in place of fireworks, Fourth of July revelers can opt for laser light shows or other alternative displays of patriotism.